In these dark and despair moments, Legal Research & Analysis Stands undeterred for Ukraine people and it's Sovereignty. Love and Peace for Ukraine, Slava Ukraini!
Chief Justice NV Ramana on Wednesday was surprised with a particular marital dispute case as the estranged couple has 60 cases against each other in a span of 41 years, including 11 years of separation.
The Supreme Court has held that in order to enforce the ban on remarriage after divorce, as specified under section 15 of the Hindu Marriage Act, 1955, it is not necessary that the other party before the High Court within the limitation period. Bring an appeal against the decree.
Refusing to quash criminal proceedings, HC cannot issue directions for ‘no arrest’ or ‘no coercive action’ till final report is filed: Supreme Court reiterates
The Supreme Court, while refusing to quash criminal proceedings, said the Supreme Court, while refusing to quash the criminal proceedings, cannot issue directions for “no arrest” or “no coercive action” till the final report is filed. A bench of Justice MR Shah and Justice BV Nagarathna observed that the Supreme Court rejected the practice of passing orders of “no arrest” or “no coercive action” when the petition to be dismissed was itself dismissed.
The Supreme Court has observed that whether there is a ground to believe that the accused has committed the offense, the preliminary final report submitted under section 173(2) of CrPC and section 173(8) before deciding to a judicial magistrate ) should consider the supplementary reports (both supplementary reports). A bench of Justices DY Chandrachud and Surya Kant made the observation while considering a criminal appeal against the Kerala High Court’s order dated March 3, 2021.
A bench of Justice MR Shah and Justice BV Nagarathna was considering an SLP opposing the Gujarat High Court order directing the state to pay pensionary benefits to the respondent who is more than 30 years. Retired after rendering service. The Bench, while dismissing the SLP of the State, held that taking 30 years of continuous service and thereafter arguing that an employee who has rendered 30 years of continuous service would not be eligible for a pension, is nothing but unreasonable.
Denying bail to accused because the lawyer was unprepared would be a travesty of justice: Supreme Court
Proper authorization can be an issue for trial and complaints cannot be quashed on this ground under Section 482 CRPC, Court added. The Supreme Court observed that, in a cheque bounce case, when the complainant/payee is a company, an authorized employee can represent the company.
The Supreme Court, while acquitting the accused of murder, said that the object of section 106 of the Indian Evidence Act is not to absolve the prosecution from its duty to prove the guilt of the accused.
A bench of Justices Sanjiv Khanna and Bela M. Trivedi observed that by invoking the provisions contained in Section 106 of the Evidence Act, the burden cannot be shifted on the accused when the prosecution could not prove the substantive facts as against the accused. was alleged. ,
